Order No. 25625
Approval of contract for
Public Health Services
between the Texas DepaYtment
of Health and Kerr County
for grant money for
lst Responders
October 26, 1998
Vol V Page 842
ORDER NU. c56~~i
RF'GRUVAL OF CUNTRAL''Y' FUR PUBLIC HEAL-IH
SERVICES BETWEEN THE TEXRS DEPARTMENT OF HEALTH RND
I:ERR COUNTY FOR GRRNT MONEY FUR THE 1ST RESPONDERS
Un this day the 6th day of October, 1998 i.ipon motion made by
Commissioner Oehler, seconded by Commissioner- Paldwin, the
Co~_ir•t unanimously approved by a vote of 4-0-0, the contract
for Public Health Services between the Texas Department of
Health and F;er•r• County for grant money for- the 1st Responders
and authorize the Coi.inty Judge to sign same.
CONTRACT FOR PUBLIC HEALTH SERVICES TDH DOCUMENT NO. 7460014941 99
ContraM Issued by: TEXAS DEPARTMENT OF HEALTH SC
(RECEIVING AGENCY) 1100 WEST 49TH STREET
AUSTIN, TEXAS 78756-3199
Legal Authority to ContraM: Chapter 12, Health and Safety Code.
Venue: The provisions of this Contract shall be interpreted in accordance with Texas law. Venue for any court disputes shall be in
Travis County, Texaz.
PERFORMING AGENCY NAME: KERB COUNTY
MAII.ING ADDRESS: 700 MAIN KERRVILLE TX 78028-0000
(City, State, Zip)
STREET ADDRESS: 700 MAIN KERRVILLE TX 78028-0000
(City, State, Zip)
NAME OF AUTHORIZED
CONTRACTING ENTITY:
pt diftaen from PERFORMING AGENCY)
PAYEE DATA (If not the same as PERFORMING AGENCY or AUTHORIZED CONTRACTING ENTITY; must be on file with the Tezas State
Comptroller's Office J:
NAME:
ADDRESS:
State or Texas Vendor IdentiPcation No. (14 digits)	PAYEE AGENCY Fiscal
17460014941005	Year F~dmg Month: December
PAYEE BUSINESS INFORMATION FOR STATISTICAL REPORTING: Please check the categories that apply to your business.
_ Small Business - A corporation, sole proprietorship, or other legal entity fotmed for the purpose of making a profit which is independently
owned and operated and has fewer than 100 employees or has less than 51,000,000 in annual gross receipts.
_ Historically Underutilized Business (IIUB) - A corporation, sole proprietorship, or joint venture formed for the purpose of making a profit
vt which at least 51 % of all classes of the shares of stock or other equitable securities are owned by one or more persons who have been
historically underutilized (socially disadvantaged) because of their identification as members of certain groups: Black American, Hispanic
American, Asian Pacific American, Native American, and Women. The HUB must be certified by General Services Commission or
another entity.
For Profit Organization
SUMMARY OF CONTRACT DOCUMENTATION:
COVER PAGE 1 -Receiving and Performing Agency Data GENERAL PROVISIONS
COVER PAGE 2 -Details of Attachment(s) ATTACHMENT(S)
COVER PAGE 3 -Authorized Signatures EXHIBITS, IF APPLICABLE
Cover Page i
1,
DETAILS OF ATTACHMENTS
Att/	TDH	Term	Financial Assistance	Direct	Total Amount
Amd
No.	Program/
ID	Begin	End	Source of
Funds*	Amount	Assistance	(TDH Shaze)
O1	EMS/COUNTY	09/01/98	08/31/99	State	9,777.00	0.00	9,777.00
TDH Document No.74G0014941 99 Totals	$9,777.00	$0.00	$9,777.00
•Federal funds are indicated by a number from the Catalog of Federal Domestic Assistance (CFDA), if applicable. REFER TO
BUDGET SECTION OF ANY ZERO AMOUNT ATTACHMENT FOR DETAILS.
Cover Page 2
EXECUTED IN DUPLICATE ORIGINALS ON THE DATES SHOWN.
Authorized Contracting Entity (type above if different
from PERFORMING AGENCY) for and in behalf of:
PERFORMING AGENCY NAME:
KERB COUNTY
sy: ~
(Si nature of perso td rize to sign contracts)
~~R.2 ~ U~il ~~~
(Name and Title)
Date: 1 ©~ ~~ " ~ U
RECEIVING AGENCY NAME:
TEXAS DEPARTMENT OF HEALTH
sy:
(Signature of author ed to sign convects)
Douglas C. Wilson, Director
Grants Ma_~n¢ement Division
(Name and Title)
Date:
RECOMMENDED:
By:
(PERFORMING AGENCY Director, if different
from person authorized to sign convect)
TDH Document No: 7460014941 99
Cover Page 3
Any akeration to this document constitutes a countero/i'n and must be approved in writing by the Tcus Department of Health.
GENERAL PROVISIONS FOR
TEXAS DEPARTMENT OF HEALTH GRANT CONTRACTS
ARTICLE 1. m 1
PERFORMING AGENCY and RECEIVING AGENCY (the parties) hereby agree to make and enter into this grant
contract (contract), to faithfully perform the duties prescribed by this contract and to uphold and abide by its terms
and provisions. This contract consists of RECEIVING and PERFORMING AGENCY identifying data, Details of
Attachment(s), authorized signatures, General Provisions, and Attachment(s) with detailed Scope(s) of Work,
Special Provisions, budget(s), and exhibit(s) as applicable. This contract represents the complete and entire
understanding and agreement of the parties. No prior agreement or understanding, ora4 or otherwise, of the parties
or their agents will be valid or enforceable unless embodied in this contract.
The person or persons signing and executing this contract on behalf of PERFORMING AGENCY, or representing
themselves as signing and executing this contract on behalf of PERFORMING AGENCY, warrant and guarantee
that he, she, or they have been duly authorized by PERFORMING AGENCY to execute this contract on behalf of
PERFORMING AGENCY and to validly and legally bind PERFORMING AGENCY to all of its terms,
performances, and provisions.
PERFORMING AGENCY assures compliance with this contract, including these General Provisions unless
otherwise specified in the Attachment(s) to this document:
ARTICLE 2. Term
The time period of this contract shall be governed by the term(s) of the Attachment(s). No commitment of contract
funds is permitted prior to the first day or subsequent to the last day of the term. The term may be extended or
shortened by amendment(s).
ARTICLE 3. Fundine°e
This contract is contingent upon the availability of funding for each Attachment for the term of the Attachment.
PERFORMING AGENCY will have no right of action against the State of Texas or RECEIVING AGENCY in the
event that RECEPVING AGENCY is unable to fulfill its obligations under this contract as a result of lack of
sufficient funding of RECEIVING AGENCY for any Attachment(s) to this contract. If funds become unavailable,
provisions of the Termination Article will apply.
ARTICLE 4. Amendments
This contract may only be amended if the amendment is in writing and signed by individuals with authority to bind
all parties.
PERFORMING AGENCY shall not perform and RECEIVING AGENCY shall not pay for the performance of
different or additional services, work, or products except pursuant to an amendment of this contract that is executed
in compliance with this Article. RECEIVING AGENCY may not waive any term, covenant, or condition of this
contract unless by amendment executed in compliance with this Article.
ryGS) 1999 GENERAL PROVISIONS Page 1 4/98
ARTICLE 5. Severabiliri
If any provision of this contract is construed to be illegal or invalid, the illegal or invalid provision will be deemed
stricken and deleted to the same extent and effect as if never incorporated, but all other provisions will continue.
ARTICLE 6. ~,p~licable Laws and Standards
This contract shall be interpreted under and in accordance with the laws of the State of Texas and enabling state
rules. Where applicable, federal statutes and regulations, including federal grant requirements applicable to funding
sowces, will apply to this contract.
The Uniform Grant and Contract Management Act (UGCMA), Texas Government Code, Chapter 783, Vernon's
Texas Codes Annotated (VTCA), and the Uniform Grant Management Standards (UGMS) as amended by revised
federal circulars and incorporated in UGMS by the Governor's Budget and Planning Office, apply as terms and
conditions of this contract and are adopted by reference in their entirety. If a conflict arises between the provisions
of this contract and the provisions of UGCMA and UGMS, the provisions of UGCMA and UGMS will prevail
unless expressly stated otherwise.
RECEIVING AGENCY must give prior approval for changes to contract Attachment(s) as specified by UGMS in
"Part III-State Uniform Requirements for Grants and Cooperative Agreement, Subpart C-Post-Award
Requirements, item _.30-Changes" and applicable federal Office of Management and Budget (OMB) circulars.
RECEIVING AGENCY will provide copies of applicable OMB circulars and UGMS to PERFORMING AGENCY
upon request. These documents are incorporated by reference as a condition of this contract.
PERFORMING AGENCY may not use funds granted under this contract to lobby Congress or any agency in
connection with a specific grant or contract (31 USC §1352 and UGMS). If at any time this contract exceeds
$100,000, regazdless of funding, the PERFORMING AGENCY shall certify to RECEIVING AGENCY within 90
days of receipt of the executed contract that none of the funds provided by RECEIVING AGENCY have been used
for payment to lobbyists and the names of any and all registered lobbyists with whom PERFORMING AGENCY
has an agreement. RECEIVING AGENCY will supply the certification form to PERFORMING AGENCY upon
request.
ARTICLE 7. Debarment and Sus nsion
PERFORMING AGENCY certifies by execution of this contract to the following:
~ it is not ineligible for participation in federal or state assistance programs under Executive Order
12549, Debarment and Suspension;
neither it nor its principals are presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any federal deparhnent
or agency;
it has not knowingly failed to pay a single substantial debt or a number of outstanding debts to a
federal or state agency; and
it is not subject to an outstanding judgment in a suit against PERFORMING AGENCY for
collection of the balance of a debt.
(LGS) 1999 GENERAL PROVISIONS Page 2 4/98
Where the PERFORMING AGENCY is unable to certify to any of the statements in this Article, PERFORMING
AGENCY shall attach an explanation.
PERFORMING AGENCY shall not contract with a subrecipient nor procure goods or services from a
subcontractor, at any tier, which is debarred or suspended or is otherwise excluded from or ineligible for
participation in federal assistance programs under Executive Order 12549.
ARTICLE 8. Assurances
PERFORMING AGENCY shall establish safeguards to prohibit employees from using their positions for a purpose
that constitutes or presents the appearance of personal or organizational wnflict of interest or personal gain.
To the extent such provisions are applicable to PERFORMING AGENCY, PERFORMING AGENCY agrees to
fully comply with the following:
- Title VI of the Civil Rights Act of 1964, 42 USC §§2000d et seq. (P.L. 88-352), which prohibits
discrimination on the basis of race, color or national origin;
- Title IX of the Education Amendments of 1972, as amended, 20 USC §§ 1681-1683, and 1685-1686,
which prohibits discrimination on the basis of sex;
- Section 504 of the Rehabiliffition Act of 1973, 29 USC §794(a), which prohibits discrimination on
the basis of disabilities and the Americans with Disabilities Act of 1990, 42 USC §§ 12101 et seg.;
- The Age Discrimination Act of 1974, as amended, 42 USC §§6101-6107, which prohibits
discrimination on the basis of age;
- The Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse;
- The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act
of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse
or alcoholism;
- Public Health Service Act of 1912, §§523 and 527, 42 USC §290 dd-2, as amended, relating to
confidentiality of alcohol and drug abuse patient records;
- Title VIII of the Civil Rights Act of 1968, 42 USC §3601 et seq., as amended, relating to
nondiscrimination in the sale, rental or financing of housing; and,
- The requirements of any other nondiscrimination statute(s).
Collectively, such requirements obligate RECEIVING AGENCY to provide services without discrimination on the
basis of race, color, national origin, age, sex, or disability. PERFORMING AGENCY agrees that in carrying out
the terms of this contract, it will do so in a manner which will assist RECEIVING AGENCY to comply with such
obligations to the fullest extent of PERFORMING AGENCY'S ability.
PERFORMING AGENCY agrees to comply with all or part of the following, as applicable:
A. Texas Labor Code, Chapter 21, VTCA, which requires that certain employers not discriminate on the
basis of race, color, disability, religion, sex, national origin, or age.
B. Immigration Reform and Control Act of 1986, 8 USC §§1324a et seq. as amended, regazding
employment verification and retention of verification forms for any individual(s) hired on or after
November 6, 1986, who will perform any labor or services under this contract.
(LGS) 1999 GENERAL PROVISIONS Page 3 4/98
C. Pro-Children Act of 1994, 20 USC §§6081-6084, regazding the provision of a smoke-free workplace and
promoting the non-use of all tobacco products.
D. The National Research Service Award Act of 1971, as amended, 42 USC §§288 et seq. and 6601 (P.L.
93-348 and P.L. 103-43) regarding the protection of human subjects involved in research, development,
and related activities supported by any applicable award of federal assistance.
E. The Clinical Laboratory Improvement Amendments of 1988, 42 USC §263a, which establish federal
requirements for the regulation and certification of clinical laboratories.
F. The Occupational Safety and Health Administration Regulations on Blood Borne Pathogens, 56 Fed.
Reg. 64175 (1991), 29 CFR § 1910.1030, which set safety standards for those workers and facilities who
may handle blood borne pathogens.
G. Laboratory Animal Welfare Act of 1966, 7 USC §§2131 et seg. (P.L. 89-544), as amended, pertaining
to the care, handling, and treatment of warm-blooded animals held for research, teaching, or other
activities supported by this award of assistance.
H. Article 9102, Texas Revised Civil Statutes ('TRCS), as amended, pertaining to standards which
eliminate azchitectural barriers for persons with disabilities.
I. Health and Safety Code §165.004 (Vernon's Supp. 1998), relating to the promotion of breast-feeding
by providing information that encourages breast-feeding to program participants who are pregnant
women or mothers with infants. Promotional material may be requested from RECEIVING AGENCY
by calling (512) 406-0744.
J. Environmental standards pursuant to the following:
(1) Institution of environmental quality control measures under the National Environmental Policy Act
of 1969, 42 USC §§4321-4347 (P.L. 91-90) and Executive Order 11514 "Protection and
Enhancement of Environmental Quality."
(2) Notification of violating facilities pursuant to Executive Order 11738 "Providing
for Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect
to Federal Contracts, Grants, or Loans."
(3) Protection of wetlands pursuant to Executive Order 11990.
(4) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988.
(5) Assurance of project consistency with the approved State Management program developed under
the Coastal Zone Management Act of 1972, 16 USC 1451 et seq.
(6) Conformity of federal actions to state clean air implementation plans under the
Clean Air Act of 1955, as amended, 42 USC §§7401 et seq.
(7) Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974,
as amended, 42 USC §§300f-300j (P.L. 93-523).
(8) Protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-
205).
K. The Hatch Political Activity Act, 5 USC §7321-29, which limits the political activity of employees
whose principal employment activities are funded in whole or in part with federal funds.
L. The Federal Fav Labor Standazds Act and the Intergovernmental Personnel Act of 1970, as applicable,
concerning minimum wage and maximum hours.
M. General Appropriations Act, Regular Session, 75th Legislature, 1997, Article IX, §33 "Limitation on
Grants to Units of Local Government "For the purpose of §33, "unit of local government" shall mean
a council of governments, a regional planning commission, or a similaz regional planning agency created
under Chapter 391, Local Government Code; a Local Workforce Development Board; or an MHMR
community center.
N. Texas Government Code, Chapter 573, Vernon's 1994, relating to nepotism.
O. Texas Government Code, Chapter 552, Vernon's 1994, relating to open records and public information.
P. Texas Government Code, Chapter 551, Vemon's 1994, relating to open meetings.
(LGS) 1999 GENERAL PROVISIONS Page 4 4/98
Q. Texas Government Code, Chapter 415, and all rules adopted by the Texas Commission on Law
Enforcement Officer Standards and Education pursuant to Chapter 415, Texas Government Code relating
to regulated law enforcement agencies.
PERFORMING AGENCY will insure that the facilities under its ownership, lease or supervision which shall be
utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list
of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from
the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under
consideration for listing by the EPA (Executive Order 11738).
PERFORMING AGENCY will comply with the flood insurance purchase requirements of 102(a) of the Flood
Disaster Protection Act of 1973 (P.L. 93-234). Section 102 (a) requires the purchase of flood insurance in
communities where the insurance is available as a condition for the receipt of any Federal financial assistance for
construction or acquisition proposed for use in any area that has been identified by the Secretary of the Department
of Housing and Urban Development as an area having special flood hazards.
PERFORMING AGENCY agrees to comply with the requirements of the Texas Workers' Compensation Act,
Labor Code, Chapters 401406, VTCA, arxi Hiles promulgated thereunder found at 28 Texas Administrative Code
(TAC), Chapter 41, et seq., which cover compensation for employees' injuries.
When incorporated into a contract, standard assurances contained in the application package, if any, become terms
or conditions for receipt of RECEIVING AGENCY funds. PERFORMING AGENCY and its subrecipients shall
maintain an appropriate contract administration system to insure that all terms, conditions, and specifications are
met.
PERFORMING AGENCY will comply with all federal tax laws and is solely responsible for filing all required state
and federal tax forms.
PERFORMING AGENCY shall comply with all applicable requirements of federal and state laws, executive
orders, regulations and policies governing the activity described in Attachment(s), and with the applicable standard
conditions or assurances prescribed by UGMS in "Part III-Sffite Uniform Requirements for Grants and Cooperative
Agreement, Subpart B -Pre-Award Requirements, _. 14-5ffite Assurances."
PERFORMING AGENCY assures it shall not transfer, assignor sell its interest in this contract, or in any equipment
purchased with funds from this contract, without the written consent of RECEIVING AGENCY.
ARTICLE 9. Year-2000 Certification
PERFORMING AGENCY certifies that any supplied or supported hazdware, software, firmware and micro code
products used individually or together as a system to comply with RECEIVING AGENCY contract requirements
will beyear-2000-compliant on or before the date such hazdware, software, firmware and systems are to be
impacted. Year-2000-compliant means that such product operates "accurately" in the manner in which it was
intended as it relates to date related operations when given a "valid date" conffiining century, year, month, and day.
For purposes of this Article, "accurately" is defined to include the following: 1) calculations using dates must
execute using afour-digit yeaz; 2) functionality-on-line, batch including entry, inquiry, maintenance and updates
must support four-digit yeaz processing; 3) interfaces and reports must support four-digit yeaz processing; 4)
successful translation into year-2000 with the correct system date (e.g., 1/1/2000) without human intervention; 5)
(LGS) 1999 GENERAL PROVISIONS Page 5 4/98
processing with afour-digit yeaz after transition to any beyond the year-2000 without human intervention; 6)
providing correct results in forward and backward date calculation spanning century boundaries; 7) a leap yeaz must
be calculated correctly; and 8) processing correct results in forward and backward date calculation spanning century
boundaries must be provided, including the conversion of previous years currently stored as two digits.
"Valid date" contains atwo-digit month, a two-digit day and afour-digit yeaz.
PERFORMING AGENCY and its subrecipient(s) as licensee(s) must obtain a warranty from any licensor from
which it obtains software that any softwaze licensed prior to, during, or after calendaz yeaz-2000, that includes or
shall include, at no added cost to PERFORMING AGENCY or its subrecipient(s), design and performance so that
PERFORMING AGENCY and its subrecipient(s) shall not experience software abnormally ending and/or invalid
and/or incorrect results from the software in the operation of the business of the PERFORMING AGENCY or its
subrecipient(s) as it pertains to RECEIVING AGENCY. The software design to ensure year-2000 compatibility
shall include date data century recognition, calculations that accommodate same century and multi-century
formulas and date values, and date data interface values that reflect the century. If PERFORMING AGENCY
purchases specific products to perform as a system, then the warranty shall apply to those listed products as a
system. The remedies available to the PERFORMING AGENCY under the warranty shall include repair or
replacement of any supplied product, in addition to and notwithstanding any commercial warranty or warranties.
Nothing in this warranty shall be considered to limit any rights or remedies that PERFORMING AGENCY may
otherwise have with respect to defects other than yeaz-2000 performance.
RECEIVING AGENCY will not hold PERFORMING AGENCY responsible if the information coming to
PERFORMING AGENCY's product/software from RECEIVING AGENCY is inaccurate or corrupt.
ARTICLE 10. Certification RegardinE Licemse. Certificate. or Permit
RECEIVING AGENCY may pay PERFORMING AGENCY only for personnel who aze duly licensed and/or
qualified to perform required services.
PERFORMING AGENCY certifies that no owner, operator, or administrator of the PERFORMING AGENCY has
had a license, certificate, or permit revoked by any of the Texas state agencies listed below (§ 163 of Article IX of
the General Appropriations Act, 75th Legislature):
• Adjutant General's Department
• Board of Private Investigators and Private Security Agencies
• Interagency Council on Eazly Childhood Intervention
• Texas Alcoholic Beverage Commission
• Texas Cancer Council
• Texas Children's Trust Fund of Texas Council
• Texas Commission for the Deaf and Hard of Hearing
• Texas Commission on Alcohol and Drug Abuse
• Texas Commission on Jail Standazds
• Texas Commission on Law Enforcement Officers Standazds & Education
• Texas Commission on Fire Protection
• Texas Council on Sex Offender Treatment
• Texas Criminal Justice Policy Council
• Texas Department of Criminal Justice
• Texas Departrnent of Human Services
(LGS) 1999 GENERAL PROVISIONS Page 6 4/98
• Texas Department of Mental Health & Mental Retardation
• Texas Department of Protective and Regulatory Services
• Texas Department of Public Safety
• Texas Department of Health
• Texas Health & Human Services Commission
• Texas National Guazd Armory Board
• Texas Polygraph Examiners Board
• Texas Rehabilitation Commission
• Texas Youth Commission
ARTICLE 11. Standards for Financial and ProPrammatic Management
PERFORMING AGENCY shall develop, implement, and maintain financial management and control systems that
meet or exceed the requirements of UGMS as detailed in RECEIVING AGENCY's Financial Administrative
Procedures Manual Those requirements shall include at a minimum:
A. Financial planning, including the development of budgets that adequately reflect all functions and
resources necessary to carry out authorized activities and the adequate determination of costs;
B. Financial management systems including accurate, correct, and complete payroll, accounting, and
financial reporting records; cost source documentation; effective internal and budgetary controls;
determination of reasonableness, allowableness, and allocability of costs; and timely and appropriate
audits and resolution of any findings; and,
C. Billing and collection policies, including a charge schedule, a system for discounting or adjusting chazges
based on a person's income and family size, and a mechanism capable of billing and making reasonable
efforts to collect from patients and thud parties.
In addition, PERFORMING AGENCY shall bill third party payers, at no cost to the client, for services provided
under the Attachment(s). These potential payers include, but are not limited to, Medicaid, private insurance carriers,
and other available federal, state, local, and private funds. PERFORMING AGENCY shall become a Medicaid
provider for eligible activities funded in the Attachment(s) and will maximize efforts to obtain payment from
Medicaid and all other available sources.
PERFORMING AGENCY and its governing body shall bear full responsibility for the integrity of the fiscal and
programmatic management. Such responsibility shall include: accountability for all funds and materials received
from RECEMNG AGENCY; compliance with RECEIVING AGENCY rules, policies, procedures, and applicable
federal and state laws and regulations; and correction of fiscal and program deficiencies identified through self-
evaluation and RECEMNG AGENCY'S monitoring processes. Ignorance of any contract provisions or other
requirements contained or referenced in this contract shall not wnstitute a defense or basis for waiving or appealing
such provisions or requirements.
ARTICLE 12. Allowable Costs and Audit Requirements
Only those costs allowable under UGMS and any revisions thereto plus any applicable federal cost principles aze
eligible for reimbursement under this contract. Applicable cost principles, audit requirements, and administrative
requirements are as follows:
ryGS) 1999 GENERAL PROVISIONS Page 7 4/98
Applicable Cost Principles* I Audit Requirements* I Administrative
Requirements*
OMB Circular A-87, State & I OMB Circulaz A-133 I UGMS
Local Governments
• OMB Circulars shall be applied with the modifications prescribed b)' UGMS.
PERFORMING AGENCY must have incurred a cost within the applicable Attachment term to be eligible for
reimbursement under this contract. PERFORMING AGENCY must incur cost(s) prior to requesting reimbursement
under this contract. No later than 90 days after the end of the applicable Attachment tens, RECEIVING AGENCY
must receive vouchers from PERFORMING AGENCY for costs encumbered by the last day of the applicable
Attachment term. Reimbursement requests submitted and postmazked more than 90 days following the end of the
applicable Attachment term may or may not be reimbursed, at the discretion of RECEIVING AGENCY.
PERFORMING AGENCY or the AUTHORIZED CONTRACTING ENTITY shall arrange for a financial and
compliance audit (Single Audit) if required by OMB Ciroulaz A-133 and/or UGMS. The audit shall be of
PERFORMING AGENCY's or the AUTHORIZED CONTRACTING ENTITY's fiscal year. The audit must be
conducted by an independent certified public accountant and in accordance with applicable OMB Circulazs,
Government Auditing Standards, and UGMS. PERFORMING AGENCY shall procure audit services in compliance
with state procurement procedures, as well as with the provisions of UGMS.
If PERFORMING AGENCY is not required to have a Single Audit, a limited scope audit may be required.
RECEIVING AGENCY will provide PERFORMING AGENCY with written audit requirements if a limited scope
audit is required.
Within 30 days of receipt of the audit reports required by this section, PERFORMING AGENCY/ AUTHORIZED
CONTRACTING ENTITY shall submit a copy to RECEIVING AGENCY'S Internal Audit Division.
ARTICLE 13.Overtime Compensation
PERFORMING AGENCY shall not use any of the funds provided by the Attachment(s) hereto to pay the premium
portion of overtime. PERFORMING AGENCY shall be responsible for any obligations of premium overtime pay
due employees. Premium overtime pay is defined as any compensation paid to an individual in addition to the
normal rate of pay for hours worked in excess of normal working hours.
ARTICLE 14. Terms and Conditions of Payment
For services satisfactorily performed pursuant to this contract, RECEIVING AGENCY will reimburse
PERFORMING AGENCY for allowable costs. Reimbursements are contingent on a signed contract and will not
exceed the total of each Attachment(s). The PERFORMING AGENCY is entitled to payment only if the service,
work, and/or product has been satisfactorily performed and authorized in accordance with this contract.
PERFORMING AGENCY must submit requests for reimbursement on a State of Texas Purchase Voucher (TDH
Form B-13) or any other form designated by RECEIVING AGENCY. PERFORMING AGENCY shall submit
vouchers for reimbursement monthly within 30 days following the end of the month covered by the bill.
PERFORMING AGENCY shall submit a reimbursement request as a final close out bill not later than 90 days
following the end of the applicable Attachment term(s). Reimbursement requests submitted and postmazked more
(LGS) 1999 GENERAL PROVISIONS Page 8 4/98
than 90 days following the end of the applicable Attachment term may not be paid, at the discretion of RECEMNG
AGENCY.
PERFORMING AGENCY shall disburse program income, rebates, refunds, contract settlements, audit recoveries
and interest earned on such funds before requesting additional cash payments from RECEIVING AGENCY.
As of September 1,1998, PERFORMING AGENCY is required to be placed on Direct Deposit status in accordance
with Texas Government Code, §403.016(c), VTCA. PERFORMING AGENCY will no longer receive copies of
vouchers.
Funding from this contract may not be used to supplant state or local funds, but PERFORMING AGENCY shall
use the funds from this contract to increase state or local funds currently available for a particular activity.
PERFORMING AGENCY shall maintain its current level of support, if possible.
RECEIVING AGENCY shall determine whether costs submitted by PERFORMING AGENCY are allowable and
reimbursable. If RECEIVING AGENCY has paid funds to PERFORMING AGENCY for unallowable or ineligible
costs, PERFORMING AGENCY shall return the funds to RECEIVING AGENCY within 30 days of notice.
RECEIVING AGENCY may withhold all or part of any payments to PERFORMING AGENCY to offset
reimbursement for any ineligible expenditures that PERFORMING AGENCY has not refunded to RECEIVING
AGENCY. RECEIVING AGENCY may take repayment from funds available under any contract Attachment,
active or expired, with the same funding source in amounts necessary to fulfill PERFORMING AGENCY
repayment obligations.
ARTICLE 15. Adv
PERFORMING AGENCY may request aone-time advance for each Attachment only to meet immediate need for
cash disbwsement. PERFORMING AGENCY must make the request on State of Texas Purchase Voucher,
accompanied by written justification and supporting documentation as specified in RECEIVING AGENCY's
Financial Administrative Procedures Manual. RECEIVING AGENCY may approve the advance request for each
Attachment. PERFORMING AGENCY must request the advance on a State of Texas Pwchase Voucher at the
beginning of the applicable Attachment period or at a later time in the applicable Attachment period if
circumstances so warrant.
RECEIVING AGENCY will determine the amount of the advance, if any, by the amount and term of the applicable
Attachment(s). For each Attachment, the amount of the advance shall not exceed an amount equal to the amount
of the Attachment divided by the number of months covered by the Attachment multiplied by two (2). Advance
funds will be expended during the applicable Attachment term so that, after the fmal monthly billing,
PERFORMING AGENCY will not have advance funds on hand.
If the Attachment is amended to increase or decrease the total amount, RECEIVING AGENCY may make an
upward or downward adjustment to the allowable advance in accordance with the above formula. If PERFORMING
AGENCY is requesting an upward adjustment, PERFORMING AGENCY must submit a written justification and
State of Texas Purchase Voucher in the amount necessary to correct the ratio. If the adjustment is downward,
RECEIVING AGENCY will determine the amount of adjustment to the advance and the method of repayment.
(LGS) 1999 GENERAL PROVISIONS Page 9 4/98
ARTICLE 16. Program Income
PERFORMING AGENCY may, but if a local health department shall, develop a fee for service system and a
schedule of fees for personal health services in accordance with the provisions of Chapter 12, Subchapter D, Health
and Safety Code, VTCA; the Texas Boazd of Health rules covering Fees for Clinical Health Services, 25 TAC
§ 1.91; and other applicable laws. No patient may be denied a service due to inability to pay.
All revenues directly generated by an Attachment(s) supported activity or earned only as a result of the
Attachment(s) during the term of the Attachment(s) aze considered program income. PERFORMING AGENCY
shall identify and report this income utilizing the forms specified in the Financial Reports Article of these
provisions.
PERFORMING AGENCY will utilize one of the following methods for applying program income:
1. Additive method - add the program income to the funds already committed to the project by both
parties. Program income will be used by the PERFORMING AGENCY to further the program
objectives of the state/federal statute under which the Attachment(s) was/were made, and it shall
be spent on the same project in which it was generated.
2. Deductive method -deduct the program income from the total allowable costs to determine the net
allowable costs.
RECEIVING AGENCY may base future funding levels, in part, upon the PERFORMING AGENCY's proficiency
in identifying, billing, collecting, and reporting program income, and in utilizing it for the purposes and conditions
of the applicable Attachment(s).
ARTICLE 17. Financial Reports
Financial reports are required as provided in UGMS, and PERFORMING AGENCY shall file them regardless of
whether expenses have been incurred.
PERFORMING AGENCY shall submit a Financial Status Report, State of Texas Supplemental Form 269a (TDH
Form GC-4a) within 30 days following the end of each of the first three quarters. PERFORMING AGENCY shall
submit a fmal fmancial report on State of Texas Supplemental Form 269a (TDH Form GC-4a), not later than 90
days following the end of the Attachment term(s). PERFORMING AGENCY shall submit a State of Texas
Purchase Voucher if all costs have not been recovered, or PERFORMING AGENCY shall refund excess monies
if costs incurred were less than funds received. PERFORMING AGENCY shall file a State of Texas Purchase
Voucher if all costs have not been recovered. Failure to timely file may result in RECEIVING AGENCY
disallowing payment. PERFORMING AGENCY shall refund excess monies if costs incurred were less than funds
received.
ARTICLE I8. Reuorts and I
PERFORMING AGENCY shall submit the financial, program, and progress reports required by RECEIVING
AGENCY in the format agreed to by the parties. PERFORMING AGENCY shall provide RECEIVING AGENCY
other reports RECEMNG AGENCY determines to be necessary to accomplish the objectives of this contract. If
PERFORMING AGENCY is legally prohibited from providing such reports, it shall immediately notify
RECEIVING AGENCY.
(LGS) 1999 GENERAL PROVISIONS Page 10 4/98
RECEIVING AGENCY and, when federal funds are involved, any authorized representative(s) of the federal
government have the right, at all reasonable times, to inspect or otherwise evaluate the work (including reviews
of client or patient records and discussions with staff) performed by PERFORMING AGENCY and its
subrecipient(s), if any, and the premises on which the work is being performed. PERFORMING AGENCY and its
subrecipient(s) shall participate in inspections and provide reasonable access, facilities, and assistance to the
representatives. All inspections and evaluations will be performed in such a manner as will not unduly interfere
with the work.
PERFORMING AGENCY and its subrecipient(s), if any, shall give RECEIVING AGENCY, the federal
government, and the Texas State Auditor, or any of their duly authorized representatives, access to any pertinent
books, documents, papers, and client or patient records, if any, for the purpose of making audit, examination,
excerpts, and transcripts of transactions related to contract Attachment(s). RECEIVING AGENCY will have the
right to audit billings both before and after payment. Payment under Attachment(s) will not foreclose the right of
RECEIVING AGENCY to recover excessive or illegal payments.
Any deficiencies identified by RECEIVING AGENCY upon examination of PERFORMING AGENCY'S records
will be conveyed in writing to PERFORMING AGENCY. PERFORMING AGINCY's resolution of findings will
also be conveyed in writing to RECEIVING AGENCY within 30 days of receipt of RECEIVING AGENCY'S
findings. A RECEIVING AGENCY determination of either an inadequate or inappropriate resolution of the
findings may result in sanctions which will remain in effect until RECEIVING AGENCY determines the
deficiencies are properly remedied.
PERFORMING AGENCY will retain all records for a period of three yeazs from the date of the last expenditure
report submitted under contract Attachment(s) or until all audit questions are resolved, whichever time period is
longer.
ARTICLE 19. Client Records
Notwithstanding any other provision herein, if requested by RECEIVING AGENCY, the PERFORMING
AGENCY shall share all patient information with RECEIVING AGENCY when the contract involves patient care
by the PERFORMING AGENCY.
RECEIVING AGENCY may require the PERFORMING AGENCY, or any subrecipient, to transfer a client or
patient record to another agency or to RECEIVING AGENCY if the transfer is necessary to protect either the
confidentiality of the record or the health and welfare of the client or patient.
In the event of termination, RECEIVING AGENCY may require the transfer of client or patient records as
authorized by law upon written notice to PERFORMING AGENCY, either to another entity that agrees to continue
the service or to RECEIVING AGENCY.
At the end of the Attachment term, PERFORMING AGENCY shall give RECEIVING AGENCY access to the
records or provide copies for audit, examination, evaluation, inspection, litigation, or other circumstances that may
arise, to the extent authorized by law.
PERFORMING AGENCY, or any subrecipient, shall not otherwise transfer an identifiable client record, including
a patient record, to another entity or person without written consent from the client or patient, or someone
authorized to act on his or her behalf on a form provided by RECEIVING AGENCY or as otherwise authorized
by law, including the Texas Medical Practice Act, Article 4495b, TRCS.
(LGS) 1999 GENERAL PROVISIONS Page 11 4/98
ARTICLE 20. ~gnfidentiality
PERFORMING AGENCY shall have a system in effect to protect client or patient records and all other documents
deemed confidential by law which aze maintained in connection with the activities funded under this contract.
PERFORMING AGENCY may not disclose or transfer confidential client or patient information, including
information required by the Reports and Inspections Article, except in accordance with applicable law.
If providing duect client care, services, or programs, PERFORMING AGENCY shall implement RECEIVING
AGENCY'S workplace policies based on the model guidelines, and PERFORMING AGENCY shall educate
employees and clients concerning the human immunodeficiency virus (HIV) and its related conditions, including
acquired immunodeficiency syndrome (AIDS), in accordance with the Health and Safety Code, §§85.112-114,
VTCA.
ARTICLE 21. Equipment and Supplies
In accordance with Health & Safety Code, §12.053, VTCA, title to all equipment and supplies purchased from
funds from this contract will be in the name of PERFORMING AGENCY throughout the Attachment(s) term(s)
or until the Attachment is terminated.
Equipment is defined as tangible nonexpendable property with an acquisition cost of more than $1,000 and a useful
life of more than one yeaz, with the following exceptions: fax machines, stereo systems, cameras, video
recorder/players, microcomputers, medical equipment, laboratory equipment, and printers. If the unit cost of these
exception items is more than $500, they will still be considered equipment, must be approved for purchase, and are
considered capital assets for inventory purposes. Medical and laboratory equipment in this category is defined as
microscopes, oscilloscopes, centrifuges, balances, and incubators. Medical and laboratory equipment not included
in these five categories is not considered a capital asset unless the unit value is more than $1,000. Supplies which
may be necessary to carry out the contract include medical supplies, drugs, janitorial supplies, office supplies,
patient educational supplies, software less than $500, plus any equipment with a purchase price including freight
not to exceed $1,000 per item, except those defined as "equipment "
Unless initially listed and approved in the Attachment(s), prior written approval from RECEIVING AGENCY is
required for any changes to approved equipment purchases meeting the above equipment definition. To receive
approval to purchase data processing hazdwaze and software or enhancements, PERFORMING AGENCY must
submit a detailed justification which includes description of features, make and model, and cost, etc.
PERFORMING AGENCY shall maintain a property inventory and submit an annual cumulative report (TDH Form
GC-11) to RECEP/ING AGENCY no later than October 15th of each yeaz. PERFORMING AGENCY shall
administer a program of maintenance, repair, and protection of assets under this contract so as to assure their full
availability and usefulness. In the event PERFORMING AGENCY is indemnified, reimbursed, or otherwise
compensated for any loss of, destruction of, or damage to the assets provided under this contract, it shall use the
proceeds to repair or replace said assets.
Upon termination or expiration of applicable Attachment(s), title to any remaining equipment and supplies
purchased from funds under this contract reverts to RECEIVING AGENCY. Title may be transferred to any other
party designated by RECEIVING AGENCY. RECEIVING AGENCY may, at its option and to the extent allowed
by law, transfer the reversionary interest to such property to the PERFORMING AGENCY.
(LGS) 1999 GENERAL PROVISIONS Page 12 4/98
ARTICLE 22. Contracts with Subrecipients
PERFORMING AGENCY may enter into contracts with subrecipients unless restricted or otherwise prohibited in
specific Attachment(s). PERFORMING AGENCY is responsible to RECEMNG AGENCY for the performance
of any subrecipient.
Contracts with subrecipients shall be in writing and must include the following:
• name and address of all parties;
• a detailed description of the services to be provided;
• measurable method and rate of payment and total amount of the contract;
• cleazly defined and executable termination clause;
• beginning and ending dates which coincide with the dates of the applicable contract Attachment(s)
or cover a term within the beginning and ending dates of the applicable contract Attachment(s);
• access to inspect the work and the premises on which any of the work is performed, in accordance
with the Reports and Inspections Article contained in this contract; and
• all clauses required by state/federal statutes, executive orders, and their implementing regulations.
PERFORMING AGENCY agrees that all contracts with subrecipients containing a categorical budget shall include
audit requirements referenced in the Allowable Costs and Audit Requirements Article of this contract, as
appropriate.
Prior to entering into an agreement equaling $25,000 or 25% of an Attachment, whichever is greater,
PERFORMING AGENCY shall obtain written approval from RECEIVING AGENCY.
PERFORMING AGENCY shall ensure that:
• all subrecipients are frilly aware of the requirements imposed upon them by state/federal statutes
and regulations;
• all subrecipients comply with all financial management requirements as defined by RECEIVING
AGENCY and the applicable OMB circulazs;
• subrecipients complete requved audits;
• an adequate tracking system is maintained to ensure timely receipt of any subrecipient's required
audit reports and the resolution of any findings and questioned costs cited by these reports.
ARTICLE 23. Coutracts for Procurement
PERFORMING AGENCY may enter into contracts for procurement unless restricted or otherwise prohibited in
specific Attachment(s). PERFORMING AGENCY agrees that it shall be responsible to RECEIVING AGENCY
for the performance of any subcontracted activity.
Contracts for procurement shall be in writing and must contain the following provisions:
Administrative, contractual, or legal remedies in instances where contractors violate or breach
contract terms, and provide for such sanctions and penalties as may be appropriate. (Contracts
other than small purchases.)
(LGS) 1999 GENERAL PROVISIONS Page 13 4/98
• Termination for cause and for convenience by the PERFORMING AGENCY including the
manner by which it will be effected and the basis for settlement. (All contracts in excess of
$10,000.)
• Compliance with the Copeland "Anti-Kickback" Act (18 USC §874) as supplemented in
Department of Labor regulations (29 CFR Part 3). (All contracts and subgrants for construction
or repair.)
• Compliance with §§ 103 and 107 of the Contract Work Hours and Safety Standazds Act (40
USC §§327-330) as supplemented by Department of Labor regulations (29 CFR Part 5).
(Construction contracts awarded by grantees and subgrantees in excess of $2,000, and in excess
of $2,500 for other contracts which involve the employment of mechanics or laborers.)
• Notice of awarding agency requirements and regulations pertaining to reporting.
• Notice of awarding agency requirements and regulations pertaining to patent rights with respect
to any discovery or invention which arises or is developed in the course of or under such
contract.
• Awazding agency requirements and regulations pertaining to copyrights and rights in data.
• Access by the grantee, the subgrantee, the federal grantor agency, the Comptroller General of
the United States, the State of Texas or any of their duly authorized representatives to any
books, documents, papers, and records of the contractor which are directly pertinent to that
specific contract for the purpose of making audit, examination, excerpts, and transcriptions.
• Retention of all required records for three yeazs after grantees or subgrantees make final
payments and all other pending matters are closed.
• Compliance with all applicable standazds, orders, or requirements issued under §306 of the
Clean Air Act (42 USC § 1857(h)), §508 of the Clean Water Act (33 USC § 1368), Executive
Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15). (Contracts,
subcontracts, and subgrants of amounts in excess of $100,000.)
• Mandatory standazds and policies relating to efficiency which are contained in the state energy
plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163).
ARTICLE 24. COD~hts Publications and Paten
Texas Health and Safety Code § 12.020(a), VTCA, authorizes RECEIVING AGENCY to apply for, register, secure,
hold, and protect a patent, copyright, trademazk or other evidence of protection or exclusivity issued in or for
intellectual property. All work performed that results in the production of original books, manuals, films, or other
original material is the exclusive property of RECEIVING AGENCY. All right, title, and interest in and to said
property shall vest in RECEIVING AGENCY upon creation. All work performed shall be deemed to be a "work
made for hire" and made in the course of the services rendered pursuant to this contract. To the extent that title to
any such work may not, by operation of law, vest in RECEMNG AGENCY or such work may not be considered
a work made for hire, all rights, title and interest therein are hereby irrevocably assigned to RECEIVING
AGENCY. RECEIVING AGENCY shall have the right to obtain and to hold in its own name any and all patents,
copyrights, trademarks, service marks, certification marks, collective marks, registrations, or such other protection
as maybe appropriate to the subject matter, and any extensions and renewals thereof. PERFORMING AGENCY
shall ensure all rights, titles, and interest in and to the property are secured to RECEIVING AGENCY from
PERFORMING AGENCY and its subrecipients. PERFORMING AGENCY agrees to give RECEIVING AGENCY
and agrees to require its subrecipients to give RECEIVING AGENCY, or any person designated by RECEIVING
AGENCY, all assistance required to perfect the rights defined in this Article, without any charge or expense beyond
those amounts payable to PERFORMING AGENCY for the services rendered under the contract.
(LGS) 1999 GENERAL PROVISIONS Page 14 4/98
If federal funds are used to fmance activities supported by the contract Attachment(s) that result in the production
of original books, manuals, films, or other original material, the federal awarding agency reserves aroyalty-free,
nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for
federal government purposes (1) the copyright in any work developed under a grant, subgrant, or contract under
a grant or subgrant; and (2) any rights of copyright to which a PERFORMING AGENCY or its subrecipient
purchases ownership with grant support. PERFORMING AGENCY shall place an acknowledgment of federal
awarding agency grant support and a disclaimer, as appropriate, on any publication written or published with such
support and, if feasible, on any publication reporting the results of or describing agrant-supported activity. An
acknowledgment shall be to the effect that "This publication was made possible by grant number
from (Federal awazdin¢ a¢encvl" or "T'he project described was supported by grant number from
(federal awarding_agencvl" and "Its contents are solely the responsibility of the authors and do not necessarily
represent the official views of the (Federal awardinp~agencv_)."
In the event the terms of a federal grant award the copyright to the PERFORMING AGENCY, RECEIVING
AGENCY reserves aroyalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use,
and to authorize others to use, for RECEIVING AGENCY and state government purposes (I) the copyright in any
work developed under a grant, subgrant, or contract under a grant or subgrant; and (2) any rights of copyright to
which a grantee, subgrantee or a contractor purchases ownership with grant support.
PERFORMING AGENCY may publish the results of the contract performance at its expense with prior
RECEIVING AGENCY review and approval. If RECEIVING AGENCY owns the copyright, any publication
should include "® Texas Department of Health, 1100 West 49th Street, Austin, Texas, (the yeaz of publication),
All Rights Reserved." If the PERFORMING AGENCY is the copyright holder, any publication shall include
acknowledgment of the support received from RECEIVING AGENCY. At least six copies of any such publication
must be provided to RECEIVING AGENCY. RECEIVING AGENCY reserves the right to require additional copies
before or after the initial review.
PERFORMING AGENCY and any subrecipient, as appropriate, must comply with the standazd patent rights
clauses in 37 Code of Federal Regulations §401.14 or Federal Acquisition Regulations 52.227.11.
ARTICLE 25. Bo°din¢
PERFORMING AGENCY is required to carry a fidelity bond, insurance coverage or self-insurance equal to the
amount of funding provided under the contract Attachment(s) up to $100,000 that covers each employee of the
PERFORMING AGENCY handling funds under this contract, including person(s) authorizing payment of such
funds. The fidelity bond, insurance, orself-insurance will provide for indemnification of losses occasioned by: 1)
any fraudulent or dishonest act or acts committed by any of PERFORMING AGENCY'S employees, either
individually or in concert with others, and/or 2) failure of PERFORMING AGENCY or any of its employees to
perform faithfully his/her duties or to account properly for all monies and property received by virtue of his/her
position or employment.
ARTICLE 26. Historically Underutilized Busi
RECEIVING AGENCY shall comply with Texas Government Code, Chapter 2161, VTCA, and 1 TAC §§ 111.11-
111.24 whereby state agencies are required to make a good faith effort to assist historically underutilized businesses
(HUBS) in receiving contract awards issued by the state to purchase "goods," which are defined as "supplies,
materials, or equipment," services, or public works.
(LGS) 1999 GENERAL PROVISIONS Page 15 4/98
If PERFORMING AGENCY subcontracts a portion of this contract, PERFORMING AGENCY agrees to make a
good faith effort to subcontract with HUBS during the performance of its contract Attachment(s) with RECEIVING
AGENCY and will report HUB subcontract activity on a quarterly basis to RECEIVING AGENCY.
PERFORMING AGENCY and its subrecipient(s), if any, aze encouraged to use minority banks (a bank which is
owned at least 50 percent by minority group members).
ARTICLE 27. an lion
RECEIVING AGENCY may impose sanctions for any breach of contract. PERFORMING AGENCY will be
monitored both for programmatic and financial compliance. RECEIVING AGENCY may, at its own discretion,
impose one or more sanctions for each item of noncompliance and will determine sanctions on acase-by-case basis.
A state or federal statute, rule, regulation, or federal guideline will prevail over the provisions of this Article unless
the statute, rule, regulation, or guideline can be read together with the provision(s) of this Article to give effect to
both.
RECEIVING AGENCY may:
A. terminate all or a part of the contract. Termination is the permanent withdrawal of the PERFORMING
AGENCY's authority to obligate previously awarded funds before that authority would otherwise expire
or the voluntary relinquishment by the PERFORMING AGENCY to obligate previously awazded funds.
PERFORMING AGENCY costs resulting from obligations incurred by the PERFORMING AGENCY
after termination of an award are not allowable unless expressly authorized by the notice of termination.
Termination does not include: (1) withdrawal of funds awazded on the basis of the grantee's
underestimate of the unobligated balance in a prior period; (2) withdrawal of the unobligated balance as
of the expiration of a grant; (3) refusal to extend a grant or awazd additional funds, to make a competing
or noncompeting continuation, renewal, extension, or supplemental award; or (4) voiding of a grant upon
determination that the award was obtained fraudulently, or was otherwise illegal or invalid from
inception;
B. suspend all or part of the contract. Suspension is, depending on the context, either (1) the temporary
withdrawal of the PERFORMING AGENCY'S authority to obligate funds pending corrective action by
the PERFORMING AGENCY or its subrecipient(s) or pending a decision to terminate or amend the
contract, or (2) an action taken by a suspending official in accordance with agency regulations
implementing Executive Order 12549 to immediately exclude a person from participating in grant
transactions for a period, pending completion of an investigation and such legal or debarment
proceedings as may ensue. PERFORMING AGENCY costs resulting from obligations incurred by the
PERFORMING AGENCY during a suspension are not allowable unless expressly authorized by the
notice of suspension;
C. disallow (deny both use of funds and matching credit for) all or part of the activities or action not in
compliance;
D. temporarily withhold cash payments. Temporarily withholding cash payments means the temporary
withholding of advances or reimbursements to PERFORMING AGENCY or its subrecipient(s) for
proper chazges or obligations incurred, pending resolution of issues of noncompliance with grant
conditions or indebtedness to the United States or to the State of Texas;
(LGS) 1999 GENERAL PROVISIONS Page 16 4/98
E. permanently withhold cash payments. Permanently withholding of cash payment means that
RECEIVING AGENCY retains funds billed by the PERFORMING AGENCY or its subrecipient(s) for
a) unallowable, undocumented, disputed, inaccurate, improper, or erroneous claims; b) failure to comply
with grant award conditions; or c) indebtedness to the United States or to the State of Texas;
F. deny contract renewal or future contract awards to a PERFORMING AGENCY for a certain period of
time not to exceed five years;
G. delay contract execution with the PERFORMING AGENCY while other proposed sanctions are pending
resolution;
H. place the PERFORMING AGENCY on probation. Probation means that the PERFORMING AGENCY
will be placed on accelerated monitoring for a period not to exceed six months at which time items of
noncompliance must be resolved or substantial improvement shown by the PERFORMING AGENCY;
I. conduct accelerated monitoring of the PERFORMING AGENCY. Accelerated monitoring means more
frequent or more extensive monitoring will be performed by RECEIVING AGENCY than would
routinely be accomplished;
J. require the PERFORMING AGENCY to obtain technical or managerial assistance;
K. disallow requests for reimbursement by disapproving costs or fees submitted for payment or
reimbursement by PERFORMING AGENCY;
L. establish additional prior approvals for expenditure of funds by the PERFORMING AGENCY;
M. require additional, more detailed, fmancial and/or programmatic reports to be submitted by
PERFORMING AGENCY;
N. demand repayment from the PERFORMING AGENCY;
O. reduce the contract funding amount for failure to achieve or maintain the proposed level of service, to
expend funds appropriately and at a rate which will make full use of the awazd, or to provide services
as set out in the contract; and
P. impose other remedies provided by law.
RECEIVING AGENCY will formally notify the PERFORMING AGENCY in writing when a sanction is imposed
(with the exception of accelerated monitoring, which may be unannounced), stating the nature of the sanction(s),
the reasons for imposing them, the corrective actions which must be taken before they will be removed and the time
allowed for completing the corrective actions, and the method, if any, of requesting reconsideration ofee sanctions
imposed. PERFORMING AGENCY is required to file, within 15 days of receipt of notice, a written response to
RECEIVING AGENCY'S program/division that sent the notice, acknowledging receipt of such notice and stating
how the PERFORMING AGENCY will correct the noncompliance or demonstrating that the findings on which
the sanctions are based are either invalid or do not warrant the sanction(s).
In an emergency, RECEIVING AGENCY may immediately terminate or suspend all or part of the contract,
temporarily or permanently withhold cash payments, deny contract renewal or future contract awazds, or delay
(LGS) 1999 GENERAL PROVISIONS Page 17 4/98
contract execution by delivering written notice to a PERFORMING AGENCY, by any verifiable method, stating
the reason for the emergency action.
An "emergency" is defined as the following:
• PERFORMING AGENCY is noncompliant and the noncompliance has a direct adverse impact on
the public or client health or safety. The direct adverse impact may be programmatic or fmancial,
impacting health or safety by failing to provide services, providing inadequate services, providing
unnecessary services, or utilizing resources so that the public or clients do not receive the benefits
contemplated by the contract scope of work or performance measures;
• PERFORMING AGENCY faits to achieve a performance measure;
• PERFORMING AGENCY is reimbursed or requesting reimbursement for expenditures which are
not in accordance with applicable federal or state Laws and regulations or the provisions of the
contract; or
• PERFORMING AGENCY is expending funds inappropriately.
Whether PERFORMING AGENCY'S conduct or inaction is an emergency shall be determined by RECEIVING
AGENCY on a case-by-case basis and shall be based upon the egregious nature of the noncompliance or conduct.
ARTICLE 28. Sanction Review
The PERFORMING AGENCY may request a review of the imposition of the following sanctions: termination of
all or part of the contract, suspension of all or part of the contract, permanent withholding of cash payments, and
denial of contract renewal or future contract awards.
PERFORMING AGENCY must make the request for review in writing to RECEIVING AGENCY within fifteen
(15) days from the date of notification by providing written notice of the dispute to the person who signed the
notification.
PERFORMING AGENCY'S notice shall contain the following: (i) a copy ofthe letter from RECEIVING AGENCY
notifying PERFORMING AGENCY of the sanction; (ii) a specific description of each act that is the basis for the
dispute; (iii) the grounds upon which PERFORMING AGENCY bases the complaint; (iv) an identification of the
issue or issues to be resolved; (v) a precise statement of the relevant facts; (vi) any documentation in support of
PERFORMING AGENCY'S position; and (vii) a statement and authorities in support of PERFORMING
AGENCY'S position.
Evidence that PERFORMING AGENCY properly notified the RECEIVING AGENCY consists of any of the
following documents: (i) signature on delivery card; (ii) confirmation of a facsimile to correct telephone number;
or (iii) signed acknowledgment of delivery.
RECEIVING AGENCY'S representative will schedule a meeting or a conference call to attempt to resolve the
issues in dispute. If the dispute is resolved, any resolution will be in writing and will be signed by all parties. If the
dispute is not resolved, RECEIVING AGENCY'S representative will notify the PERFORMING AGENCY in
writing. RECEIVING AGENCY will appoint a reviewer(s), who will review the information, who may permit or
require additional information and who may grant, deny, or modify ail relief requested in the written notice of
dispute. The reviewer(s)'s decision will be in writing and will contain a discussion of the reason for the decision
and the remedial action, if any. The reviewer(s) will send copies of the decision to all parties by any verifiable
(LGS) 1999 GENERAL PROVISIONS Page 18 4/98
means. The decision of the reviewer(s) is final and is the fmal action of RECEIVING AGENCY for purposes of
further proceedings.
A state statute or rule or a federal statute, regulation or guideline will prevail over the provisions of this Article
unless the statute, rule, regulation or guideline can be read together with the provision or provisions of this Article
to give effect to both.
ARTICLE 29. Termination
Each Attachment shall terminate upon the expiation date of the Attachment unless extended by written amendment
in accordance with the Amendments Article. Prior to completion of the contract term, all or a part of this contract
may be terminated with or without cause as set out below.
A. Termination without cause.
(1) Either party may terminate this contract with at least 90 days prior written notice to the other
party.
(2) The parties may terminate this contract by mutual agreement.
(3) Either party may terminate this contract with at least 30 days prior written notice to the other party
in the event state and/or federal funding for this contract is terminated, limited, suspended, or
withdrawn.
(4) RECEIVING AGENCY may terminate this contract when, in the sole determination of
RECEIVING AGENCY, termination is in the best interest of the State of Texas.
B. Termination for cause.
(1) Either party may terminate for material breach of contract with at least 30 days written notice to
the other parry.
(2) RECEMNG AGENCY may terminate this contract, in whole or in part, for breach of contract or
for risky conduct by giving at least 30 days written notice to PERFORMING AGENCY. "Risky
conduct" may include one or more of the following:
(a) A court of competent jurisdiction finds that the PERFORMING AGENCY has failed to
adhere to any laws, ordinances, rules, regulations or orders of any public authority having
jurisdiction;
(b) PERFORMING AGENCY fails to communicate with RECEIVING AGENCY or fails to
allow its employees or those of its subrecipients to communicate with RECEIVING
AGENCY as necessary to the performance of the contract;
(c) PERFORMING AGENCY breaches a standazd of confidentiality with respect to the
services provided under this contract;
(LGS) 1999 GENERAL PROVISIONS Page 19 4/98
(d) RECEIVING AGENCY determines that the PERFORMING AGENCY is without the
personnel or resources to perform under the contract;
(e) RECEIVING AGENCY determines that PERFORMING AGENCY, its agent or another
representative offered or gave a gratuity (e.g., an entertainment or gift) to an official or
employee of RECEIVING AGENCY for the purpose of obtaining a contract or favorable
treatment;
(f) PERFORMING AGENCY'S management system does not meet the UGMS management
standazds; or
(g) PERFORMING AGENCY appears to be fmancially unstable. Indicators of financial
instability may include one or more of the following:
(i) PERFORMING AGENCY fails to make payments;
(ii) PERFORMING AGENCY makes an assignment for the benefit of its creditors;
(iii) PERFORMING AGENCY admits in writing its inability to pay its debts generally
as they become due; or
(iv) If judgment for the payment of money in excess of $50,000 (which is not wvered
by insurance) is rendered by any court or governmental body against
PERFORMING AGENCY, and PERFORMING AGENCY does not (a) dischazge
the judgment or (b) provide for its dischazge in accordance with its terms, or (c)
procure a stay of execution within 30 days from the date of entry thereof, and
within the 30-day period or a longer period during which execution of the
judgment shall have been stayed, appeal therefrom and cause the execution
thereof to be stayed during such appeal while providing such reserves therefore
as may be required under general accepted accounting principles.
C. Emergency termination. RECEIVING AGENCY may terminate the contract immediately upon notice
to PERFORMING AGENCY in an emergency by any verifiable means. "Emergency" is defined in the
Sanctions Article.
Either party may deliver written notice of intent to terminate by any verifiable method. If either party gives notice
of its intent to terminate all or a part of this contract, RECEIVING AGENCY and PERFORMING AGENCY will
try to resolve any issues related to the anticipated termination in good faith during the notice period. Upon
termination of all or part of this contract, RECEIVING AGENCY and PERFORMING AGENCY will be
dischazged from any further obligation created under the applicable terms of this contract except for the equitable
settlement of the respective accrued interests or obligations incurred prior to termination. Termination does not,
however, constitute a waiver of any remedies for breach of this contract. In addition, the obligations of the
PERFORMING AGENCY to retain records and maintain confidentiality of information shall survive this contract.
ARTICLE 30. Bleach of Contract
Any remedies set out in this contract are in addition to rights and remedies for breach of contract provided by law.
(LGS) 1999 GENERAL PROVISIONS Page 20 4/98
ARTICLE 31. Void Contract
RECEIVING AGENCY may hold a contract void upon its determination that the contract award was obtained
fraudulently or was otherwise illegal or invalid from its inception.
ARTICLE 32. Local Health Department Personnel
All local health department personnel funded by Attachment(s) to this contract aze employees of PERFORMING
AGENCY which will be responsible for their direction and control and liable for any of their acts or omissions.
PERFORMING AGENCY will have in place legally sufficient due process hearing procedures for all of its
employees filling state budgeted positions.
PERFORMING AGENCY will have full authority to employ, promote, suspend, demote, discharge, and transfer
within its organization any and all state budgeted personnel funded by Attachment(s) to this contract provided,
however, that any demotion, suspension, or discharge of such state budgeted employees will be in accordance with
the due process hearing procedures as set out above. The only distinction between state budgeted and local paid
employees is that employees on state budgeted positions receive state benefits and aze subject to certain duties,
obligations, and restrictions as state employees as contained in state law. One such restriction, as contained in the
State Appropriations Act, is that no employee paid on a state budgeted position may receive a salary supplement
from any source unless specifically authorized in the Appropriations Act or other state law. This prohibition
includes the payment to such employee of a so-called "flat rate" caz allowance or travel allowance. Any travel or
per diem allowance to these employees must be on a reimbursement basis, supported by appropriate records, and
may not exceed the reimbursement for mileage and/or per diem allowed under the Appropriations Act and current
state travel regulations. This restriction will apply whether travel funds are provided in Attachment(s) under this
contract or from any other source.
PERFORMING AGENCY will utilize RECEIVING AGENCY'S policies and procedures for hiring and promoting
individuals into state budgeted positions funded by this contract. Qualifications of any individuals filling these
positions will be subject to approval of RECEIVING AGENCY'S Bureau of Human Resources. The purpose of the
approval is to ensure that individuals occupying these positions meet minimum educational and experience
requirements.
PERFORMING AGENCY will maintain required records and submit documents necessary to process personnel,
payroll, leave and time records, and travel costs on state budgeted positions. RECEIVING AGENCY will furnish
documentation regazding salary compensation or travel reimbursement for employees on state budgeted positions.
An independent audit is not required as a condition of this contract if the Attachment provides assistance through
assignment of state budgeted positions and no funds are budgeted for local costs.
PERFORMING AGENCY may be reimbursed for local personnel costs or other categories of expense used to
fulfill the scope of work of applicable Attachment(s) in lieu of being furnished state payroll warrants after a state
budgeted position becomes vacant. Reimbursement will not exceed the balance of funds on the state budgeted
position after all benefits, obligations, and/or other entitlements aze met. PERFORMING AGENCY'S Director, or
other person(s) authorized elsewhere in this contract, may submit a request for conversion. RECEIVING AGENCY
will transmit formal approval and a revised budget to PERFORMING AGENCY to complete the conversion if the
request is granted.
(LGS) 1999 GENERAL PROVISIONS Page 21 4/98
ARTICLE 33. Funding Partic[pation Requirement
PERFORMING AGENCY agrees funds provided through this contract will not be used for matching purposes in
securing other funding unless otherwise directed or approved by RECEIVING AGENCY.
ARTICLE 34. Conflict of Interest
PERFORMING AGENCY does not have nor shall it knowingly acquire any interest that would conflict in any
manner with the performance of its obligations under this contract. Potential conflicts of interest include an existing
business or personal relationship between PERFORMING AGENCY, its principal, or any affiliate or subrecipient
with RECEIVING AGENCY, its officers or employees, or any other entity or person involved in any way in any
project that is the subject of this contract.
ARTICLE 35. Survival of Term
Termination or expiration of this contract for any reason shall not release either party from any liabilities or
obligations set forth in this contract that (a) the parties have expressly agreed shall survive any such termination
or expiration, or (b) remain to be performed or by their nature would be intended to be applicable following any
such termination or expiration.
ARTICLE 36. No Waiver of Soverei
THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF THIS CONTRACT IS IN ANY WAY
INTENDED TO CONSTITUTE A WAIVER OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY
THAT THE PARTIES OR THE STATE OF TEXAS MAY HAVE BY OPERATION OF LAW.
ARTICLE 37. Certifications
The governing body of each party has authorized this contract. RECEIVING AGENCY is paying for the
performance of governmental functions and services from current revenues available to RECEIVING AGENCY.
The payment is in an amount that fairly compensates PERFORMING AGENCY for the services or functions
performed under the contract.
(LGS) 1999 GENERAL PROVISIONS Page 22 4/98
DOCUMENT NO. 7460014941-99
ATTACHMENT NO. Ol
PERFORMING AGENCY: KERR COUNTY
RECEIVING AGENCY PROGRAM: EMERGENCY MEDICAL SERVICES DIVISION
TERM: September Ol, 1998 THRU: August 31, 1999
SECTION I. SCOPE OF WORK:
RECEIVING AGENCY will provide funding from the Emergency Medical Services (EMS) and
Trauma Care System Fund established by Health and Safety Code §773.122, VTCA, to assist
PERFORMING AGENCY in the enhancement and delivery of patient care in the EMS and trauma
care system. PERFORMING AGENCY shall distribute and administer funds to eligible EMS
providers to provide coordination with the appropriate Trauma Service Area (T'SA). These funds
shall be used for the following:
• supplies;
• operational expenses;
• education and training;
• equipment;
• vehicles; and
• communications systems.
The eligible EMS providers located in the PERFORMING AGENCY'S county which will receive
funding are specified in Exhibit A, which is attached hereto and made a part hereof.
PERFORMING AGENCY shall comply with all applicable laws and regulations established at
federal and state levels as these regulations now appeaz or may be amended during the period of
this Attachment; standards and guidelines referenced aze those in effect on the beginning date of
this Attachment. These include:
Texas Government Code, Chapter 791, VTCA;
Health and Safety Code, §773.121-§773.124, VTCA; and
25 TAC §157.130.
SECTION II. SPECIAL PROVISIONS:
For the purposes of this Attachment, buildings, land, or investments (stocks, bonds, mutual funds,
etc.) aze NOT ALLOWABLE COSTS.
ATTACHMENT -Page 1
RECEIVING AGENCY will utilize current revenues available to RECEIVING AGENCY for the
disbursement of these funds to PERFORMING AGENCY.
If PERFORMING AGENCY is a county with a population of 291,000 or more, all funds
distributed must be jointly authorized by PERFORMING AGENCY'S county judge and the
mayor of the principal municipality in that county on vouchers issued by PERFORMING
AGENCY'S treasurer.
PERFORMING AGENCY shall return all unused funds to RECEIVING AGENCY no later than
August 31, 1999.
General Provisions, TERMS AND CONDITIONS OF PAYMENT Article, is replaced with the
following:
RECEIVING AGENCY will submit a lump sum payment as specified in SECTION III. BUDGET
to PERFORMING AGENCY no later than 30 days after the contract is fully executed.
General Provisions, ADVANCE PAYMENTS Article, is not applicable to this Attachment.
General Provisions, PROGRAM INCOME Article, is not applicable to this Attachment.
General Provisions, FINANCIAL REPORTS Article, is not applicable to this Attachment.
General Provisions, REPORTS AND INSPECTIONS Article, is revised to include the following:
PERFORMING AGENCY shall submit a report to RECEIVING AGENCY Program no later than
June 1, 1999 which shall contain the following:
• name of each EMS provider that received funding;
• amount each provider received;
• itemized list of expenditures, including anticipated expenditures through August 31, 1999;
and
• anticipated needs projected for FY 2000.
General Provisions, SANCTIONS Article, is revised to include the following:
LOSS OF FUNDING ELIGIBILITY
For a period of not less than one year or more than three years, as determined by RECEIVING
AGENCY, RECEIVING AGENCY may refrain from disbursing funds under Health and Safety
Code, §773.122 to a county, municipality, or local recipient if the RECEIVING AGENCY
determines that such county, municipality, or local recipient used funds in violation of that
section.
ATTACHMENT -Page 2
EXHIBIT A
SB 102: EMS Trauma Care Systems Fund
1999 Eligible EMS Providers
KERB
KERRVII.LE FIRE DEPARTMENT EMS
212 A STREET
KERRVII.,LE, TX 78028
CHIEF RAYMOND HOLLOWAY (830) 257-5333
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS
TO BE REVIEWED BY THE COURT.
MADE BY: Robert A. Denson OFFICE: Count~Judge
MEETING DATE: October 26. 1998 TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
Consider and discuss approving contract for Public Health Services between the
Texas Department of Health and Ken County for grant money for the 1 ~`
Responders and authorize the County Judge to sign same.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
1F PERSONNEL MATTER -NAME OF EMPLOYEE:
County Jude
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5,
Chapter 551 and 552, Governmern Code, is as follows:
Meeting scheduled for Mondays:
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
5:00 P.M. previous Monday.

Agenda Requests will be screened by the County Judge's OffiGS t9 determine ifquate information has
prepazed for the Court's formal consideration ae~~action at time {~Gourt Mtgs. Your cooperation will
' appreciated and cornribute towards you request sed at the opportunity. See Agenda
equest Rules Adopted by Commissioners' Court.
October 22, 1998
2.7 Contract sent to Kerr County from the Texas Department of Health. This money
is grant money awazded to the 1°` Responders. Ron Derrick applied for the grant and we
got it. The total amount of grant money is $9,7700 to be used for supplies for the 1~`
Responders. .